IN THE INTEREST OF D.J., 699 N.W.2d 686 (Iowa App. 2005)

No. 5-381 / 05-0579Court of Appeals of Iowa.
Filed May 25, 2005

Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.

A mother appeals the order terminating her parental rights to her two children. AFFIRMED.

John C. Nelson, Sioux City, for appellant-mother.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Dewey Sloan, Assistant County Attorney, for appellee-State.

Michelle Dreibelbis, Sioux City, for child.

Considered by Vogel, P.J., and Miller and Hecht, JJ.

VOGEL, P.J.

Nicole is the mother of N.P., born in August 1996, and D.J., born in September 2000. Following the filing of a child in need of assistance (CINA) petition, N.P. and D.J. were placed in foster care on October 23, 2003. They were later determined to be CINA by stipulation of the parties, based on findings as to Nicole’s lack of stable housing, lack of supervision, and drug usage. On August 27, 2004, the State filed a petition seeking to terminate Nicole’s parental rights to N.P. and D.J. Following a hearing on that petition, the court terminated Nicole’s parental rights under Iowa Code sections 232.116(1)(d) and (e) (2005). Nicole appeals this order.

We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proven by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). Our primary concern in termination proceedings is the best interests of the children. In re C.B., 611 N.W.2d 489, 492
(Iowa 2000).

In order to affirm the terminations under section 232.116(1)(d), we must find the State produced clear and convincing evidence that the children were adjudicated CINA based on physical abuse or neglect and that Nicole was offered services to correct the circumstances which led to the adjudication, but that the circumstances continue to exist. Upon our de novo review of the record, we conclude such evidence exists.

As noted, the Iowa Department of Human Services first became involved with this family due to concerns about Nicole’s unstable housing, lack of supervision, and drug usage. While Nicole asserts she has cooperated with all services offered, the record reflects any progress she made fell far short of her being able to resume care of her children. Despite the offer and receipt of a variety of services intended to address vocational, emotional, educational, and substance abuse issues, she never progressed to anything beyond a brief period of unsupervised visits with the children. As recently as February 14, 2005, Nicole tested positive for cocaine use.

In addition, Nicole continued to be involved in questionable relationships. In August of 2004, Nicole was involved in a shoplifting spree with three acquaintances, and she was later involved with domestic violence with a paramour. Moreover, since the inception of court intervention with this family, Nicole has been pregnant twice. She was not in a stable relationship at the time of either pregnancy. These facts and others reflect poorly on Nicole’s judgment, maturity, and desire to focus on regaining custody of N.P and D.J.

In conclusion, we concur in the district court’s finding that “Nicole has lacked, or continues to lack, the maturity and motivation necessary to change/improve her life circumstances in order to reunify with her children.” At the time of the termination hearing, the children had been out of Nicole’s custody for approximately seventeen months. This is too long to ask the children to await the stability and safety they deserve. Although there was evidence of some bonding between Nicole and the children, both children have special needs that Nicole is ill-equipped to address. It is in the best interests of the children that rights be terminated and they be offered the stability and permanency they so need and deserve. We therefore affirm the termination of Nicole’s parental rights under section 232.116(1)(d).

AFFIRMED.